For the purposes of administering the diversity program under this subsection, the following guidelines apply: (i) Africa. (ii) Asia. (iii) Europe. (iv) North America (excluding Mexico). (v) Oceania. (vi) South America, Mexico, Central America, and the Caribbean.
(2) Education or Work Experience Requirement An alien must meet one of the following criteria to be eligible for a visa under this subsection: (A) Possess at least a high school education or its equivalent. (B) Have at least two years of work experience within five years of the visa application date in an occupation requiring at least two years of training or experience.
(3) Information Maintenance The Secretary of State shall maintain records of immigrants issued visas under this subsection, including data on age, occupation, education level, and other relevant characteristics.
(d) Treatment of Family Members Spouses or children as defined in subparagraphs (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall be entitled to the same status and order of consideration under subsections (a), (b), or (c) if accompanying or following to join the spouse or parent, provided they are not otherwise entitled to an immigrant status and immediate issuance of a visa.
(e) Order of Consideration (1) Immigrant visas under subsections (a) or (b) shall be issued to eligible immigrants based on the filing date of the petition filed with the Attorney General or the Secretary of State for special immigrants under section 1101(a)(27)(D) of this title, as outlined in section 1154(a) of this title. (2) Immigrant visa numbers under subsection (c) (for diversity immigrants) shall be issued strictly in a random order established by the Secretary of State for the fiscal year concerned. (3) Waiting lists for visa applicants under this section shall be maintained according to regulations prescribed by the Secretary of State.
(f) Authorization for Issuance Consular officers may not grant status to any alien claiming to be described in section 1151(b)(2) of this title or in subsection (a), (b), or (c) of this section until authorized to do so under section 1154 of this title.
(g) Visa Issuance Estimates The Secretary of State may estimate the anticipated numbers of visas to be issued during any quarter of any fiscal year within each category under subsections (a), (b), and (c) for administrative purposes. Failure to apply for an immigrant visa within one year following notification of its availability may result in termination of registration, though reinstatement may be granted within two years under certain circumstances.
(h) Rules for Determining Child Status (1) Age determination for subsections (a)(2)(A) and (d) purposes shall be based on: (A) The alien's age on the date an immigrant visa number becomes available, reduced by (B) The number of days the petition described in paragraph (2) was pending. (2) The petition described in this paragraph refers to: (A) A petition filed under section 1154 of this title for classification of an alien child under subsection (a)(2)(A). (B) A petition filed under section 1154 of this title for classification of the alien's parent under subsection (a), (b), or (c). (3) If an alien's age exceeds 21 years for the purposes of subsections (a)(2)(A) and (d), the petition shall be converted to the appropriate category, retaining the original priority date.
Leave a comment!